General Terms of Sales

 

THE GENERAL TERMS OF SALE HEREBY DEFINE THE SALES CONDITIONS AND SALES RESTRICTIONS WHICH YOU ACCEPT WHEN PLACING ORDERS ON OUR WEBSITE.

WHEN USING ALL OR PART OF ANY SERVICES ON OUR WEBSITE AND WHEN PURCHASING PRODUCTS VIA THIS SITE, YOU ACCEPT ALL THE PROVISIONS OF THE GENERAL TERMS OF SALE HEREBY INCLUDING ANY LIMITS OF WARRANTY COVERAGE AND ANY LIMITATIONS OF LIABILITY.

THE GENERAL TERMS OF SALE HEREBY MAY BE VARIED AT ANY TIME, FOLLOWING IN PARTICULAR TO ANY CHANGES TO THE WEBSITE AND TO APPLYING LAWS AND REGULATIONS.

 

General Provisions

1.1. Definitions

The terms used herein shall have the following meanings, be they in the singular or the plural:

CLIENT: refers to any user, meaning an adult natural person having full legal capacity and acting as a consumer, who orders and/or purchases one or several of the PRODUCTS on offer on the WEBSITE.

EDITOR: refers to Mr Cyrille PUTMAN.

MEMBER: refers to any CLIENT having an active personal account created after filling out a registration form.

PRODUCT: refers to any PRODUCT(S) offered on the WEBSITE, and in particular any paintings, pieces of sculpture, drawings, collages, photographs, limited-edition publications and different goodies, this being only an open list.

WEBSITE: refers to the infrastructure accessible through the https://cyrilleputman.com address as developed by the EDITOR and implementing the IT formats that can be used on the Internet and intended to be accessed by CLIENTS to learn about the PRODUCTS.

 

The WEBSITE is freely accessible to any Net surfer.

Any orders for any PRODUCTS placed via the WEBSITE by CLIENTS entail the prior acceptance by the latter of the price condition applicable on the day the order is accepted.

CLIENTS’ full acceptance of the general terms of sale hereby involves CLIENTS checking the box for the following sentence: “I have read and I accept the general terms of sale.”

 

Description of Online Purchases

2.1. PRODUCT Selection

Prior to placing orders through the WEBSITE, CLIENTS have first to select the PRODUCTS, using in particular the research form available to them.

Once CLIENTS have made a choice, they add the chosen PRODUCT(S) to their cart by clicking on the dedicated button to complete the order.

To validate the page clients shall check the box for the acknowledgment of the general terms of sale hereby. CLIENTS acknowledge having downloaded and printed the general terms of sale hereby.

CLIENTS are thereupon redirected towards an identification page.

To register with the site CLIENTS have to fill out a registration from, including their log-in identifiers together with their account password if they are already members.

2.2 Registration to the WEBSITE

2.2.1. Setting up of Personal Accounts

Registration is neither necessary nor compulsory for placing orders.

CLIENTS may nonetheless if they so wish set up an account.

CLIENTS shall fill out exactly and sincerely the registration form for the site.

They shall in particular fill out the information concerning their identification, especially their names, surnames, postal address, e‑mail and password.

Supplying any wrong or false information having made it impossible for Cyrille PUTMAN to deliver any orders placed by clients shall not make the latter liable.

Cyrille PUTMAN guarantees that any data entered, in particular CLIENTS’ passwords, shall remain confidential.

CLIENTS remain fully responsible as to the use they make of their passwords.

In case CLIENTS lose their password, CLIENTS have to contact Cyrille PUTMAN as soon as possible so as to be given a new one.

In case CLIENTS forget their password, they can obtain a new one by clicking on the “Password Forgotten” link and filling in the form for the creation a new password, which is then sent to them per e‑mail.

2.3. Finalisation of Orders

After checking the details of the orders they are placing, CLIENTS can click where instructed so as to finally confirm their orders.

CLIENTS shall choose their means of payment as provided in article 2.4 below.

2.4. Payments

CLIENTS have the choice of their means of payment: either through bank car or via PAYPAL, those two means of payment being the only ones offered by Cyrille PUTMAN.

Payments by cheque are not accepted.

2.4.1. Dematerialised payment

For payments per bank card or by PAYPAL CLIENTS are redirected to the secure interface of the relevant bank or of the PAYPAL company.

Dematerialised payments are effected by means of the providers’ secure transactions.

The implied institutions have sole responsibility for the processing of the personal data entered by CLIENTS for the purpose of payment.

2.5. Payment Validation

Once payments have been endorsed by the banking institution, or after endorsement of payments by cheque, CLIENTS are sent an e‑mail acknowledging the payment of the order and summing up the details of their orders.

 

  1. Acceptance of orders by the EDITOR

ORDERS become firm and final once payments have been endorsed and all documents requested by the EDITOR have been received, subject to the following exceptions.

All items to be found on the WEBSITE are, except mistakes or IT dysfunction for which the EDITOR is not accountable, available and in stock in the EDITOR’s warehouses.

However, in view of the technical time lag between order registrations and payments, CLIENTS acknowledge and accept that during that interval any PRODUCTS running out of stock may cease to be available.

In case any PRODUCTS ordered are not available, the EDITOR shall contact CLIENTS by any means and offer at CLIENTS’ discretion the delivery of another PRODUCT or the refund of any amounts paid and the cancellation of the sale without further charge to the client.

Should CLIENTS’ bank accounts already have been debited, the EDITOR shall refund the PRODUCT or PRODUCTS that cannot be delivered within a period of no longer than thirty days from the date of payment by CLIENTS.

The EDITOR further reserves the right to refuse any orders in case CLIENTS fail to abide by the obligations hereby.

 

Retention of Title

PRODUCTS THAT HAVE BEEN SOLD REMAIN THEIR OWNER’S PROPERTY UNTIL FULL PAYMENT OF THEIR PRICE.

CLIENTS SHALL THEREFORE, UNTIL FULL PAYMENT OF THE PRICE AND SUBJECT TO IMMEDIATE CLAIMING BY THE EDITOR, ABSTAIN FROM TRANSFORMING SAID PRODUCTS OR INCORPORATING THEM INTO OTHERS, AND FROM RESELLING OR PLEDGING THEM.

 

  1. Deliveries

5.1. Place of delivery

PRODUCTS ordered by CLIENTS on the WEBSITE are delivered in metropolitan France (i.e. including Corsica), Belgium, Luxemburg, Switzerland, Monaco, Martinique, Guadeloupe and Réunion exclusively.

CLIENTS shall provide the EDITOR with correct delivery addresses. In no case shall the EDITOR be held liable for faulty deliveries following faulty entry of delivery addresses by CLIENTS.

5.2. Terms of Delivery

Orders are delivered within thirty working days at most following collection of the full price for the PRODUCTS by the seller and, if need be, receipt of all the documents requested from CLIENTS by the EDITOR.

In case CLIENTS are not attending deliveries at the delivery address, they are informed by delivery notifications left by the carrier in the adressees’ letterboxes.

5.3. Delivery Delays

In case of delivery delays beyond the normal term of delivery not caused by force majeure, CLIENTS may at their discretion cancel the sale. Such cancellations can be effected only within thirty days after reception by the EDITOR of a formal notice to carry out the delivery.

In case sales are cancelled, the EDITOR shall refund to CLIENTS any amounts they have paid as soon as possible, and at most fourteen days within reception of a registered cancellation letter with acknowledgment of receipt.

In case orders are lost, CLIENTS are to contact the EDITOR’s customer service. The EDITOR will then file a claim for loss in transit with the relevant carrier, and shall keep CLIENTS informed about the processing of the claim.

In case CLIENTS have not been able to collect orders that have actually been delivered, such orders shall be returned to Cyrille PUTMAN. The latter will then offer CLIENTS renewed delivery, the delivery costs being payable by CLIENTS.

 

  1. Non-Conformity and Concealed Defects

The EDITOR shall deliver contractually compliant goods and is liable for any non-conformities of the PRODUCTS as appearing on delivery in accordance with articles L.217‑4 ff. of the Code de la Consommation, as well as for any latent defects in accordance with articles 1641 ff. of the Code Civil.

CLIENTS enjoy a two-year time limit from reception to file complaints.

CLIENTS can choose between repair or replacement of the goods, except if impossible and subject to the cost conditions as provided in article L.217‑9 of the Code de la Consommation.

CLIENTS are exempt from providing proof of non-conformity within twenty-four months following the delivery of goods.

Said legal warranty of conformity applies independently of any other commercial warranty or insurance that may have been agreed.

CLIENTS may decide to claim the warranty against latent defects in the sold goods as provided in article 1641 of the Code Civil, and in such a case choose between the cancellation of the sale or a reduction of the selling price as per article 1644 of the Code Civil.

In case the ordered goods are delivered damaged or in a bad condition, CLIENTS shall inform the EDITOR as soon as possible.

Upon delivery CLIENTS shall also check compliance of the delivered goods with the orders placed, and refuse any parcels that are open, torn and/or have been repacked by the carrier.

Any defects concerning deliveries shall be notified to customer services within one week following reception of orders.

Any complaints submitted after that time limit shall be rejected and Cyrille PUTMAN shall be cleared of any liability.

 

  1. Withdrawal Right

Except otherwise provided, CLIENTS have thirty clear days to notify returns.

The time limit for withdrawal starts on the date of reception of orders.

Cyrille PUTMAN can be contacted by e‑mails sent to the following address: contact@cyrilleputman.com.

Orders from which CLIENTS withdraw shall be returned in their original packaging and parcel to the following address: Monsieur Cyrille PUTMAN, 29, rue des Porcelets, F-13200 ARLES.

Orders shall be returned as new and in a state allowing them to be resold.

Provided the above conditions are met, Cryille PUTMAN shall refund CLIENTS within seventy-two working hours at most from the date of reception of the returned parcels, except for the return cost of orders, which shall be borne by CLIENTS.

All costs and risks associated with the shipping back of goods shall be borne by CLIENTS.

CLIENTS shall return orders per registered mail or per any other means providing proof of shipment.

Proof of shipment shall be submitted to Cyrille PUTMAN.

 

  1. Prices

Prices stated on the WEBSITE are in euros, all taxes included and without cost of delivery.

Prices are set by the EDITOR and may be changed from time to time.

PRODUCTS are invoiced as per the prices applying at the time orders are finalised.

CLIENTS are informed of delivery costs prior to payment.

 

  1. Warranties and Liability

9.1. Information on the Articles

Cyrille PUTMAN shall provide for all PRODUCTS sold on the WEBSITE data sheets giving their main features, subject to the information provided by suppliers.

Photographs and descriptions of the PRODUCTS sold are for information only and not binding. Cyrille PUTMAN shall not be held liable for any errors.

In particular images and colours of the articles displayed on the site may not be entirely true to the articles’ real colours, due to the Internet navigator and to the resolution of the screen used by CLIENTS.

9.2. Legal Warranty

Cyrille PUTMAN acts as an agent for professional suppliers. The latter guarantee that the articles sold are of prime quality and shipped in a good condition, free of defects or of concealed defects liable to make the articles unfit for their normal use.

The provision of the legal warranty is stated in article 6 hereof.

 

9.3. Liability

Cyrille PUTMAN’s liability shall not exceed the amounts paid by CLIENTS for their orders.

Mr PUTMAN shall not be held liable for any damages to property, consequential damages or damages to persons caused by any dysfunctions or improper use of any articles purchased on the site.

CLIENTS shall check with competent authorities concerning any local specificities as regards any applying taxes, declarations, bans, imports or the use of the articles ordered.

Cyrille PUTMAN shall not be held liable for any failures to respect the laws and regulations applying in the country where articles are delivered.

 

  1. Intellectual Property

All of the site’s elements, be they visual or acoustic, including the technologies used for its implementation, are protected by copyrights, trademarks or patents.

The latter are the exclusive property of Cyrille PUTMAN.

Users who have available a website in a private capacity and who wish for their personal use to implement a simple link directly to the site’s homepage shall request Cyrille PUTMAN’s agreement to do so.

However, any hypertext links to the site using the framing or inline linking technique are strictly prohibited.

In all cases, any links, even tacitly authorised, shall be removed on Cyrille PUTMAN’s request.

 

 Force Majeure

Cyrille PUTMAN shall not be held liable for any failures to meets part or all of his obligations hereby if such failures are caused by cases of force majeure, in particular in case of disturbances or of limited or total strikes affecting postal services and means of transport and/or communication, of floods and of fire.

Shall be deemed as force majeure events such events that meet the criteria set by the jurisprudence of the Supreme Court of Appeal.

Any occurrence of a force majeure event shall be notified to CLIENTS by Cyrille PUTMAN within the five working days following the occurrence or threatened occurrence of such an event.

Beyond fifteen days of stoppage due to a force majeure event, Cyrille PUTMAN will not be able to fill orders and shall refund CLIENTS.

 

  1. Applying Law and Competence Clause

The general terms of sale hereby are subject to French law, to the exclusion of any applying international agreements, including the Vienna Convention on the international sale of goods of 11 April 1980.

The court of competent jurisdiction for any proceedings instituted concerning the conclusion, interpretation, completion or assignment hereof shall be that of the defendant’s place of residence, or at the claimant’s wish, that of the PRODUCTS’ effective place of delivery, as per articles 42 and 46 of the Code of Civil Procedure.

In case of disputes for the execution of the general terms of sale hereby, CLIENTS may, prior to any proceedings, call for an amicable agreement.

Contemporary Art Gallery online | Cyrille Putman

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